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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Bringing excavation vehicles into the well via the cemetery

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Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Royal Highness Prince Saud ibn Abdulmuhsin ibn Abdulaziz Al Saud , the Emir of the Hail Region, reference number (801/26969/1), dated 19/12/1422 AH, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with reference number (10608) and dated 29/12/1422 AH. His Highness asked a question, the text of which is as follows: We are presenting to Your Eminence the complete documents of the case, which concluded with a letter from the Governor of Al-Ghazalah , number (803/4016), dated 19/11/1422 AH, based on a letter from the Honorable Judge of the Al-Ghazalah Court, number (1204), dated 15/11/1422 AH, regarding the request of the citizen: Abdulaziz ibn Isa ibn Sa'd al-Tamimi to allow him to bring excavation vehicles into his well via the cemetery in the Al-Ghazalah Governorate for the purpose of deepening it. His Honor indicated that if the purpose of referring the case is the existence of a dispute, the reference is the court, but if the purpose of referring it is seeking a fatwa, the reference for that is the Permanent Committee for Scholarly Research and Ifta. Since the request is for a fatwa regarding the petitioner's request to use the cemetery for entry
of his vehicles and the difficulty of finding an alternative, I ask you to kindly review and inform us of your opinion on this matter.

After studying the inquiry, the Committee responded that it is not permissible for the owner of the well to bring excavation vehicles into the aforementioned well via the cemetery. He is also obligated to remove the pipes extending from his well to his farm, which penetrate the cemetery from north to south, as shown in the sketch. It is forbidden to use the cemetery as a road for vehicles or passersby, because of the desecration and harm caused thereby. The sanctity of a Muslim in death is like his sanctity in life, and the cemetery is a right for those buried in it. It is not permissible to encroach upon it with any aggression or to carve out a road from it.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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